Form and style amendments to Rule 804 consistent with the 2011
federal amendments are
proposed. The amendments are not intended to change any result in any ruling on evidence
admissibility.

One difference between the federal rule and the proposed amendments:
under the federal
rule dying declarations are excepted from hearsay only "[i]n a prosecution for homicide or
in a civil case." The North Dakota rule allows dying declarations in all cases. Congress
amended the original federal rule to limit the use of dying declarations in a manner that was
consistent with federal case law.

Another difference between the federal and state rules is in the
statement against interest
exception. The federal rule allows a codefendant statement against interest to be used
against a criminal defendant in some cases. The state rule does not allow this and the
existing language explaining this bar is retained in the proposal: "A statement or confession
offered against the accused in a criminal case, made by a codefendant or other person
implicating both the declarant and the accused, is not within this exception."